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Jo C., Barrister

Category: UK Family Law

Satisfied Customers: 787

Experience: Over 5 years in practice.

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Hello Remus2002,My wife is a high-earner and joined a company

Customer Question

Hello Remus2002,

My wife is a high-earner and joined a company in 2009 but was made redundant in 2011 (4 years service). When she started, the company failed to use the Tax Code provided on her P45 meaning that she was taxed at Basic Rate and underpaid some £34K in Tax. We are in the process of appealing this with HMRC with a view to a write off due to Employer Error.

However, when she was made redundant, a lot of her redundancy went to an interim payment to keep the HMRC off her back (around £20K). Added to this, she has had telephone calls, postage, specialist accountant fees etc. to fight against the HMRC as well as many sleepness nights and stress - caused by the Employers simple inability to adhere to HMRC procedures and use the Tax Code figures provided on her P45. She has also needed to use Credit Cards as her redundancy money went to the HMRC and has also had Bank Problems with missed payments etc. and the associated charges.

Once she gets her HMRC refund, she would like to sue the former employer to recover these costs and also get compensation for 2 years of sheer hell fighting the HMRC.

Do you think this would be possible and under what type of legal framework could she do this - she is considering the MoneyClaim On-Line path for under £10K which would put it through the "Small Claim" Track.

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